Wilson v. Atomic Energy of Canada Ltd. was thought to put to rest the long-standing debate among adjudicators of whether federally regulated employers can dismiss an employee without just cause if they meet certain criteria (Part III of the the Canada Labour Code (“the Code”) provides protection in the form of reinstatement for employees dismissed “without just cause”).

In January of this year, the Court of Appeal upheld the Federal Court’s decision to allow an application for judicial review concluding that the adjudicator unreasonably found that the law permits only dismissals for cause.

The Federal Court criticized the adjudicator’s reliance . . . [more]

There are many ways to stay up to date with technology specific to the legal environment. One of my favourite methods is to see technology in action and talk to the people who create it. I get significant benefit from immersing myself in legal technology events. Lucky for me, especially with the disadvantageous (for me) Canada-US exchange rate, Legaltech® is coming to Toronto in September.

Slawyers, including me, have attended Legaltech® New York and the ABATechshow and written about what we have learned. This September 23 and 24, I will be writing from the Toronto show. Slaw is a . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Research

Use Multiple Browsers and Compare Content
Shaunna Mireau

Today’s tip is a reminder that web delivered content may display or act differently depending on your browser and the size of your browser window. If it is possible in your organization, use more than one web browser. …

Practice

ScanSnap Is a Snap!!!!
David Bilinsky

Continuing with the theme of technology that just works, I would be remiss if I . . . [more]

The Courts of Justice Act in Ontario contains a provision which limits the award of legal costs in Small Claims Court to 15 per cent of the amount claimed unless “the court considers it necessary in the interests of justice to penalize a party or a party’s representative for unreasonable behavior in the proceeding.”

This provision makes it impossible for many lawyers to litigate cases in Small Claims Court in a cost effective manner. In short, the amount of fees that will be charged to the client will be disproportionate to the amount of the potential overall recovery.

In a . . . [more]

“Know when to fold ‘em. Know when to walk away.”
(Lyrics by Kenny Rogers)

We are not all meant to work together. There, I’ve said it. Some of us just work more productively together than others. Anyone in the professional services field for any reasonable length of time, can attest to a client relationship that just didn’t work. There are a myriad of reasons: You were on a different wave length, didn’t communicate well, didn’t understand each other, couldn’t work efficiently, or had different expectations of each of other … and so on.

There comes a time – at least . . . [more]

This article first appeared in LAWPRO’s July 2015 real estate webzine “Bringing critical thinking to real estate deals.”

Still relatively new in Canada, title insurance is not fully understood by many consumers. Even certain less-sophisticated lenders lack detailed knowledge of the product. The responsibility for explaining title insurance to those who purchase it – and for supporting insureds in obtaining coverage that suits their needs – falls squarely on lawyers’ shoulders.

Lawyers are also responsible for communicating accurately with the proposed insurer about the details of a real estate transaction, the property to be purchased, and the expectations and needs . . . [more]

The third issue of the IFLA* Law Libraries Section** Newsletter came out last month. It includes a nice report on last summer’s IFLA conference in Lyon, France, which is worth reviewing to get a sense of what’s front of mind in international law libraries. However, what I wanted to draw your attention to is the Lyon Declaration on Access to Information and Development drafted by IFLA and “a number of strategic partners in the library and development communities” and launched at the conference.

“The declaration calls upon the members of the United Nations to make an international commitment to

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Michael Geist  2. SOQUIJ  3. Clio Blog  4. Canadian Privacy Law Blog  5. Legal Post

Michael Geist
Why the New Canadian Telecom Transparency Rules Fall Short

Canadians have become increasingly troubled by reports revealing that telecom and Internet companies receive millions of requests for subscriber data from a wide . . . [more]

Summer is just beginning and I have a little extra time to follow up on some of my earlier columns. As usual I am focusing on open access resources for the frugal learner and researcher. I wrote about massive open online courses (MOOCs) two years ago and have been taking these free courses ever since.

My favorites so far have been the University of California at Berkeley’s Science of Happiness and Harvard University’s Poetry in America series. I most recently completed Poetry in America: Emily Dickinson. Both of these courses are offered by edx and I recommend them as . . . [more]

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with) (June 11-July 9, 2015 inclusive).

Appeals

Contracts in Québec: Brokerage; Formation; Commission; Conditions; Warranties
Société en commandite Place Mullins v. Services immobiliers Diane Bisson inc., 2015 SCC 26 (35461)
Clarification as to the above-noted issues, and “[i] sum, the . . . [more]

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Civil Rights – Barristers and Solicitors – Medicine – Professional Occupations – Criminal Law – Crown – Damage Awards – Quebec Responsibility – Evidence – Contracts – Insurance – Practice – Administrative Law – Education

Wong v. Grant Mitchell Law Corp. et al. 2015 MBQB 88
Barristers and Solicitors – Medicine – Professional Occupations . . . [more]